The Sun. — London, England, 1818-08-08 00:00:00

- class. This pr-lves that the fattier is wrong in ,hi s Trent through the nsuill conn6c IJt editCittifili. I cannot help regiettiog !hat ;he Triwees ever achnir - rti the children tat .h-,--trs'into the school. 1 ant aware their motives a•= re bcnevoreut ; but in doing set,. it would he lied AS a precedent it) this and other Charities. God ft , rbi(l that .1 should ever so tar ort et my self or my duty.so much, as to wish to deprive any man of his rights ; hut situated as I am, as Counsel for the Truslees,j think myself-bound to . do my utmost for then,.'' .Tae Lorin CHANG,fmt.ort—c‘ What have the El der,9 anti Rulers of the JeWish Synagogfle.,to'do Eire in this ease—what •are they made parties I do not think I can notice them; for, as a Judge, I am not s i tt i ng on a faie where the Jewish Elders in London are concerned. An habitant of the town of Bedtord might apply for the henefit of the chawify, and, nit refusal, may come.to this Court; but can the Elders of the Sy ni-wo::.ne do so 3." Sir S. Romit.LY---‘.‘l think, as every person bas a .right to become relator to the Attorney- General, /hey are anthorised, particularly as the existence 'of the Jewish religion in-this country is recognised by many of the statute?; they are no!, however, as Elders of the Synagogue, but in their private character." The SoLICITOR-GENERAL---" Your Lordship 13 asked to decl a re, t h e poor entitled to the charity, whether Jews or Christians. The Court cannot be called to do this except by those who ate ac . - ttially- aggrieved. The question is certainly most iarportaut, as it relales.tO every charity, and I have no doubt but it will meet the most dispas sionate atten:ion frotn your Lordship." followed on the same side. Mr. SHADWELL. on the same side, tollo , ved Mr. Phillimore, and entered into an extensive review of the various Acts front tittle to time relating to the Jews.. By the Charter of Edward VI. the King. designated himself the. Caput Ecclesirz in terra dngliee et Hibernia, and there contd be no tio,uht but that Sovereign,, who was peculiarly at tached to the Christian Religion, in its, purest State, intended that the Establishment at Bedtoill should be conducted on similar principles. S..RomILLY, in r i gikly---,,'' ; The Petition ,pre scaled by my clients, of : the:highest importance to them as but _it has acquired still greater importance from the manne-r in which it has been arguer), by my ,Learned Friends ovosed to me. But before I proceed to reply.t4s them, Hil,►w Ole, my,Lord, to tnr,►tion why the Elders of the Synagogue have come forward. They felt it was a dnty they were bound to discharge, on account of the particolar,.trusts which they had the honour to hold. They did not come forward in the first instance, nor would - they have done so now, I►ad tJ►c cL►ims of the girl Sheba Lyon not been refused by the Trustees, they, considering that the point was of _infinite moment, not only as it regarded the poor at Redford, bp►t the whole nation of the Ch:ldren- of Israel. They took it uo front a motive which does them honour, ns they saw it was impossible for the poor parents to bear the expenee of a Chancery suit, and they therefore lent their assistance to have the ques tion decided. In doing so, they have done a public service. Every ch a rity is interest e d in the deci s ion, and which, from the source it is to come from, will be received with reverence, and put the question for ever to rest. The S , licitor- General has cooteuded that there is no instance of a Jew being admitted into the Charity ; I, on the contrary, maintain that there is no instance in which a Jew has been refused before the pre sent, and I call on him to shew one. It is ar gued that no Jew has ever been a trustee-; let it be so: but what . is the reason ? why, because there was not a single Jew living in Bedford be fore the year 1787. There certainly are Jews there now, but . none of them can be trustees, because they are so poor. that they require the benefit of the Charity : so much then for this ar gnment. And does not the Solicitors-General know, that by the rules of, the Charity, no man can be a trustee who receives benefactions from the estate ? I ask your Lordship, or any other man of common understatorng, is it, to be said because a Jew from poverty is disqualified from being a trustee, that his religion is to be Charged with the faults of his poverty ? It is worse thirn monstrous to hear such doctrines pro molgated in this liberal age. As to the argument - relative to the certificate being signed by a cler gyman and two churchwardens, as being a strung proof that instruction in Christianity was meant, I will tell the Learned Counsel, that to the ho nour of human natute, there is a clergyman to be found, and in Bedtord, of such liberal princi ples, as to conceive, that when a person acts in t h e honest principles of all proper religion, those of doing lastly, loving mercy, doing good to all, arid walk humbly with God,' was entitled to the cettificate.—The Learned Solicitor-Gene ral is also mistaken, when he says, that no Chris tian toaster would take a Jew apprentice, for one boy out of this very Charity is an apprentice to a Christian (Mr. Jeffries} at Bristol, and a Jewisla -girl is with a Christian lady at Bedford. So much then for the accuracy of the Learned Gen tleman. It has been also said, that the increase of the Jews was such iu Bedfryd as to endan ge r the security of the Christians obtaining the bene fit of the Charity. How touch then. must they be astonished when I inform them, that out of seven Jewish families that were at Bedford there • only remained three. 1 am decidedly of opinion, woe the doctrine of the other side to be sanc tioned by your Lordship, it will form a new epoch in the history of Public Charities.—The Solicitor-General certainly is mistaken when he speaks,ot Lord Hardwicke refusing the protec tion of the Court to Jewish benefit societies. It never was, and I trust in God it • never will be, the docaine of Any Court in this kingdom.— Lord Hardwicke in that case, which was that of Da Costa, refused the protection of the Court, for the relief applied for was not for a charitable society, bat for one which had in view the pro mulgation of Jewish principles. Suppose ati hos pital was founded by Jews, ton I to be 'told that this Court would nut interfere aud give it its ? 11 it would not, I ask where is the boasted liberdi principles of Englishmen and free men ? IlThen Mr. Shatlwell referred to the me. tuorable dtbate..of 1753, he seams to have forgot that the universal opinion now is, that Jews can sell end hold as well as a'sy other person, Was i t ever soppsed, because a man was a je‘li, that he could not grant a tide to an estate ? It is well known that the Lord. Chief Justice of the Court of King's Bench (LOrd Ellenborough) did not think so, for at this very moment he is with his rattily in his house at Roehampton, which former ly belonged to the late Mr. Goldsmid; a Jew; yet his Lordship did not refuse to take the title front a Jew, By the Act ol the 13th of George 11. all Jews living' seven years in one of the Bri tish Colonies, became, ipso facto, natoralized.— An alksiori had been made to a declaration of Lord Coke. His Lordship was a min of great merit, but I am, compelled to say, that he was a man with &greet many faults. My Learned Friend (the.SolicitorGeneral), who is himself a great lawyer, has sheWn he has- too much respect for Lord Coke io.read the passage, but I will do it. " All intideli'are perpetui juin:lei in the eye of,the law, and so are all Jews; tor the.law sup poses they will not be ~ converted, as thiat is an event too distil:tit to lie - piobable. Between them and the devil, whOse sllbjects they are, and between Christiaus,_ there is a ss ide difference." • Such is the passage; .aod it is one that never ought co be cited in this or any other Coml. Lord Chief:Jus tice Treby, in the strongest manner,.condetuned it, and said it could not be too much reprobated ; and I am sure your Lordship.will agree .with him.— Lord Lyttleton, in his comments on the statute of Edward the Third, says, " Why should Jews, be despised for their religion ;, for are they not the creatures of God as well as we are ?" Lord. Chief JUstice Willis, in the famous case of Armidon versus Birker, held the same opinion. as Lord .Chief Just ice Trehy did as to the words of Lord Coke. It is said at the .other side, that it Jews were admitted to the charity, Mahotnedarts-' would be. also entitled. .1 say so also ; they would have the saute right, and who will inform me Why they slmuld not ? For instance, St. Thomas's flospital was founded by Edward VI. and if a Jew were to break his head or arm, was he to be . refused admittance there, because when the Cha rity was foinvied there were no Jews ire the coun s try, and of course they. were not included ? My . Learned Friend, Mr: Shad well, says, Jews could not be trustees, as the statue of Mr. Harper was to be kept iii . repair, Which they world not be able to do, as their law forbids all images. Does my Learned Friend -forget that it only forbid images which were to be worshipped ; and did he believe that either Jews or Christians would wor ship Mr. Harper's statue ? The Jewish Syna gogue is open every day, therefore the clause of attending Divine Service on Sunday does not ap ply to them. As to the . last objection, of the .Christian name to be given in writing by the can didates, it meant nothing else than that the proper full name should be giVen in. If it was intended to exclude Jews, it mould -alto exclude Anabaptists,. who. never are baptised till they are adults. I must confess, .however liberal my Learned- Friends have. professed to be, their arguments prove that they view Jews still as persecuted .aliens. 'I he question, my Lord, is certaioly an important ode, perhaps as much so as ever came before this Court ; I now itataist it to your Lordship, and I feel no anxiety as to what will be your Lordship's judgment, as. I am convinced you will deal , with it as you have hitherto done with every other case that has come before you ; that you will watch all its bearings, and come to that conclusion that Must reflect honour on yourself, and instruction to the human race.' The SOLICITOR-GENERAL*" I think the as persions that have been thrown out by my Learned Ft ier.d (Sir Samuel) on Counsel, not necessary. I disclaim against there being any cause for thein I•never %visited to distoth the rights or privileges at any set of men, whatever sect they may biking to. I should • feel sorry that it slviald go ani to the public that 1 was the advocate of such prin- - The LORD CHAN(:ELLOR—" On Monday I will give you my opininit ; it is a most importaut case. Sir Samuel Romilly, what Act do you petition under 3" Sir SAMUEL ROMILLY--" 'fader both, my Lord." The LORD CHANCELLOR—" I will tell you on Monday morning what I intend talk." Judgment postponed.—The Court was crowded before nine o'clock in the morning so-excess. NEW KING'S COUNSEL. At the rising of the Court, Archibald-Cullen, William Owen, William Horne, William Wing field, and George Heald, lisqrs. were sworn in as King's Counsel. NORTHUMBERLAND ASSIZES, AUG. 4. CIVIL SIDE.-SEDUCTION. CARR V. CLERKS. This - ease bat' excited a very high degree of expectation, and crowded, the Court at an early hour.- Just as it was opened, his Lardship or- dered the ladies. to withdraw. This they. felt to be an inconvenience, as the Crown Court had been a few minutes before made inaccessible to them. The relief to the gentlemen was, how• ever, but for a moment, for while the ladies were leaving the Court, double the number of the other sex rushed in. it was a Special Jury, Sir CHARLES LORRAINR, Bart. foreman. Mr. flour stated, that this was an action brought by Thomas Carr ag-Must the Rev. Robert Clerke, to recover compensation in damages for the loss of his daughter's services. Mr. SCARLF.I"I: thus addressed the Jury :—lt has 'fallen to my lot to address you on behalf of the plaintiff, whose unfortunate daughter has been seduced by the defendant. The action is brought on the ground of loss of service. It is an action long known to the law of England. It is the ac tion of a master to recover compensation for the loss of service occasioned by the seduction of bis servant. If that master he also the father, as the service is endeared by th at re l at i on , so th e loss is greatly aggravated, and the damages must be ac cordingly higher. The seducer in this case, it gives me the greatest pain to mention, is a cler gyman, lecturer at Hexham, a man of very con siderable fottune, and but half a year a widower wh en the transaction took lie had been married to a (laughter of Mrs. Shafto, at Hex ham, and had three children. He lived at \Va!- wick, a few miles from Hekbarn. But he very often visited in Mrs. Shafto's house, and some times was there with his whole fawily for weeks. —ln Mrs. Shafto's family was the unfortunate daughter of the plaintiff. lam aware that a legal objection will be, upon this ground, raised by my Learned Friend, who will contend that this action cannot be maintained, as the daughter did n:qt actually serve her father at the time this trausac• lion °centred. I know that this action cannot he maintained by a father whose daughter, of mature age, is at service out of his house. I know that it cannot be maintained, when a (laugh- ter, under age, is serving without any special in tention of returning soon to her father's house. But in this case there are peculiarities which, I hope, will satisfy his Lordship, and leave the de cision in your hands. The plaintiff is a master tiler. He lived till Martinmas, 1816, in Allan dale-town, in this county. At that time he re, in,,ved to Bishop-Auckland, in ate ether county. He•had allowed his daughter to serve Mrs.,Shafto for sonic time, but with the intention of having her soon back again in his own house. Besides, being - a poor man, he was assisted by part of the wages which she received for her service. At the period at which he removed to Bishop-Auckland, he wished to bring his daughter along with him, and was:persuaded to leave her only till next May. At that time she was in circumstances which dis abled her to serve him. The defendant began his course of seduction by promises of marriage. Thoie promises she did not believe, but ofteu repeated that they did affect her sentiments and her conduct. You can conceive, Gentlemen, how the solemn declarations of a man of the plaintiff's age, for he is past 50, of a man of his profession, the soh-in-law of her mistress, and at the very time in his mother-in-law's house,—you can con ceive how promises so made could gradually gain the.cousent, and excite the hopes, of a simple and innocent girl. He made those promises frequent enough and strong enough for his purposes, but avoidedeto enter—hit° any covenant welch could now'subject him to an action for a breach of pro mise of Marriage. Of this man I know nothing but what - I know of him as the defendant in this case,; and if I did, I should be sorry to glance at him beyond:the necessity of this case. After cer tain familiarities had aaken place, he contrived to effect his . object. How be dial so, I abstain from detailing to you; 1 dare say my learned friend will, in cross-examination, lay enough of• this before you. She soon afterwards found herself in a situation which obliged her to write to the de fendant; but he no 'longer regarded her or' her letters It is consistent with our knowledge of human nature, and perhaps-with the experience many of.us must have had with the world, that men, after a certain age, regard with loathing the victims of- attempts which are aimed at their ho nour, and terminate in their ruin. She went to her father's house; hut her fattier being .poor, and the parish officers :interfering to prevent a •burden to the parish, the• child Was filial - tit, and the defendant gave a bond to the effect at least of securing the parish from any expeuce. But to the paristrf-6 compensation has been made. YOu thereftire e , Gentlemen, take into your consideration whate sum :in damages should he given' to the father. Were Ito ask '''. What would be an adequate compensation to a father for the seduction of his child, I should ask a most fool ish and Vain question;- No injury can - he inflicted upon a man inure hitter and lasting than the in ., envy inflicted on a parent by the seduction of his daughter. The seduction of a wite is riemost grie vous injury, yet it is qtialified by many circum stances. The loss of a wife subject to seduction cannot be timraccompanied witty same alleviating considerations ; but the injury of a Lieber by the seduction of his daeghter, is altogether unmixed and unalleviated. The object of his affection, his care, his anslous solicitude, is deprived of all that is. valuable, and rendered -.a -disgrace, and a-bur;:.', den, instead of an ornament- wed joy,- •I elm led". to understand that the defendant is 'to ,altempt to destroy her charactee, in order• to,dishleish own misconduct. If an attempt,-c,fethia . kinU sieduld 'be made, I hope ,yree Brill 'etinsiderlt an' aggravation, and treat it accordiugLy. Nothing., surely -can be a greater aggravation Of the deepest injury which eau abe inflicted upon a pe a rent, than io find the. hoary andelaborious seducer attempting-to prove the unfortunate girl's charae-H ter worthless before he mule it so. I am aware that my learned friend will not give me another opportunity of addressing - you e and therefore dwell the longer tepare'this subject. I hope the case will go into your ;hands. You i will consider that a girl previously blameless, belayed by her parents, and affectionately contributing -to their support, was seduced and ruined uoderethe cloak of sanctity, which has often, too often; been used , to cover the worst offences, and that this was dune by a man of considerable fortue, You will consider the injury to the feelings of aParent, ,as well as the los-s of service to the master. ludeed I am confident, from the character of the Pentle mei) whom I address, Chat they will view this case as I view it, and consider it one of the most ag gravated 'cases of seduction that can be laid bcf fore a Joey. Elizabeth Carr was called into the box, and exaniined by Serjeatiteilueeocre.—She is a very imple, Modest-looking, and rather interesting young vvOrnan. Sire said she was 18 years of age when she went to Mrs, ShaftoS house. That was in May, 1815. iler father went from Allendale town to BishopJA . uckiatrr at Martinmas.; 1816. She knew the defendant. His wife had been dead half a-year 'when 'she became acquainted with him. He liVed'at Walwick-hall. kie visited often at Mrs. Shafw's, He -bad three children, the youngest then' about half-a-year old. He often came to the house when her mistress was from home, and stayed in the house making love to her. Between Martinmas and Christmas, 1816, he came with his whole family, and stayed some days. He bad with him his chldretr, two women and two men servants._ Being pressed to state some particular expressiOns he had used, she said that he had often declared that they (defendant and witness) should never be happy till they were mar ried. One day, when sitting together, she Moved to go, on bearing one of the servants coining; he said there was a day coming when they would not be afraid who saw them. Before be had cOw 6 with his family, he had always been twice in the week at th e h ouse , o f ten wore frequently. Hey mistress was often from home a week or ten &P . His visits were more frequent in her absence."' She had a male child born on the 2d of Septenr her, 1817. The fist time. that he had been W a intimate with her was when he brought his famill to her mistress's, between Martinmas and Chri st ' was, 1816. Her moth e r h a d b een seeing b et the day that they r e m ove d to Bi s h o p-Aucklan d ' .It was then settled th a t s h e was to g o to 11'1 father's in M a y, an d it was h er i ntent i on to During the time th a t s h e h a d b een t h e re sbe i er " :. • her father and mother have part of her wragoi, She had sent some money to her father and given, him some. It was p a rt of h er wage s. She di va not-leave on •the Ist of May. She h a d not given. notice. She left On the Ist of June, and becaus e • she was not able to serve any longer. She wrote 0: the defendant the day b e f ore s h e l e ft ; she got " answer. She was obliged t o l eave her fathe rs house, and to g o b ac k to Hexham by the pa rish ' officers. She liv e d f or 6 or 7 wee k s with bet aunt. She was d e li vere d i n M ar y Nicol's, 41 Hexham. Dr. Jefferson delivered her. She was cross-exami ne d by M r .- TorriNG at great length, a s t o t h e names an d characters of , all the servants, p art i cu l ar l y t h e men.servon"l -the house. It turned out, ho wever , t h a t the lat ter were married men, a n d h a d t h e i r w i ves i n Hexhar a All the minute circ umstances o f h er coin we r e it Called forth, bat they a dmi t not o f descriptio"•, er was in his bed-room, when she had gone by mistress's order to light his fire, that the seductio was completed. Time letter was all her as" . None assisted her either in writing or di c " "in f g ;. She fairly and readily gave a simple negativ e. . 4- every question as-ro any o th er man us ing liberil'a with her. She had not gone from Bishop-Aucklan to Hexham in:. a post chai se . She knew it Bates. The Gentleman pointed out was be was a Gentlenian. Bat what is his employment ?—He is a farn lerl I believe. • .-Is .he not a preacher too ?—I never heard b ill/ preach, ; o ) Were you never in a p os t- c h a i se never; Sir. • Site had 5/. for the first year, and 61. forth elCA . cond. She had given no notice of quieting. 0 Thomas Pattison, butler to Mrs. .shaoo , 19 . married man, has a wife and family in liel tl l B o o . He by accident observe the defendant and both Carr in the dining-room together. Tb" bee rs ters were on the o u tsid e ; t h e y h a d hot • v o fastened back, and the wind hail driven them d' he he• went to open them, and observed the d efe her ant having hold o f h e r roun d t h e nec k, an ti ue d hand in his other band. He never tres ti°- ode this. He thought it imprope r , b a t a ppre' e s ot nothing such as happened. He never kn etg thing incorrect in her conduct. t on his cross-examination h e s t ate d, t-h ::,reo, was still in Mrs. Shafto's service, and be ottf in bee-confidence. H e h a d not mentione° o .o, Ire saw till after the h a d co ns equ e nces w ere It n iaal'. as he never till then suspected any thing al a nd He never in word, l oo k, or gesture , tO° liberty with her. He never kissed her life. Here the plaintiff's case was closed. - ot', Nr. TOPPING now objected that the hiot could not be maintained. ElizAeth Ca rr 0 0 0 been regularly in service with Mrs. Slid"' ' OO 4, whatever Mts. Shaft° might d o , h e r fath ri er not. pt - cend to have lost her se r vices. 14° several .eases in support of this objectino• d O O Mr: ItICHARDSON and air. GRAY f oll°We the - stone side. n oel • .AIr..SCAKI.ETT, on the other h a nd, c- - l oge. that the pletintiff had as good a title to his ier's services as a mas t er w h o s h ou ld g ive joitk— prenticed servant t o a not b tr nrin for at period. Lin r Mr. Sergeant BUL L O CK a n d Mr. of t nothing t 111 • WI. • Mr. Baron WOOD.--I am of (vitriol ) t o , i ns ll , l undoubtedly 'this action cannot be legL i : h l e to I t taine4. Tbe loss of service is indispens' u , o r to",, In this case, the Jlaughter bad served ' l ora, . y,ekrs, and was, in tact, entered upoo °c a cti° yee's.-service. 1-am sorry for it, but the cannot be maintained. ,cc tbe • „An.:. SOMME rT.—I certainly cannot oPP` *Oa .--- doctrine laid down. by your Lordship ~. . - - • COURSE OF EXCHANGE, FratlAY, . 33 " ). ‘. g qC P ... ........,. m 0 • •- Amsterdam Ditto, at Sight 11 36 7 c. F ., Amster dam (1. Ditto, at Sight ll 9 g go6. Rotterdam ll j 1 6% 4 Oi• Antwerp 34 5 4 Cl' Hantburgli .... 6 Altona . • r... ....... • - .1, 24 . Paris, 3 Day's date Ditto Bourdeaux, ditto 143 prel , o ,o Pranhterton the Main Madrid Cadiz ................................. • , 3 sL . OW Bilboa ............ • ................. .•• • • ' 3 , 3 i Seville .• • • • ....... 34 Gibraltar .............. oaf ................ Barcelona ''' • ........ _ i Leghorn Genoa.. 47 -Venice, - Ital. Lic• 43f . e e OP Malta.. . .50 -Naples ....... •.. , ,„,„ ( I.'? Palermo ....................... 1 " 581 Lisbon ...c. Oporto ... • ...... e Rio Janoiro ........................... • u Dnbiin.... ..... 11..... C,r1i..... II per C ent. Agio athe Bank - on Heiinn''.... 2 Per Ce llt. __. • ' OP• 6 " 4 I r 6 Portugal Gold, in Coin .................. 4 a Foreign (old, in Bars ................ 4 0 6 i • New I)9nbloons ............ _ 0 5 5 LI,ION - . Nvw Dollars Silver, 4n Bars .......... 6 ........ . ... Pr' 14e1P ti el MARRIED. On Thursday, Charles Aston, e ldest so? S O London, to Anne, third clau4liter of the' tte 'of . Lorick Cooper, of Cleat Yarmouth;N"l°l" -•. tre e : g , te -9 Y., ' • ' .DIED. ( vice _At Yesterday, Mr. William Moore, late 0 ^ - ' ' 1 10- 01 aged 74. • • ;;: tt ri ck On l'iirstlay last, lt.Gerillq,, f m nse / 3 " of the Hon. L• d charlotte ' - ---- - ' bter - ~ y Eyre, second da n g ''' Newburgh, aged 9a of rar. f -S yep LONDON LONDON: i'riuted by J. B. CARSTAIR•7 Q ', p hed I . l ' so ;of Ommul-street, Cltirtn-square; 1"; ) , ( t , 0 5 ; Letters, (post-paid) must be ad4rri*.. I . 4, • ' i `Z'h e 04. e. !fp li "t 4l t t tle tt 4 , It f t 4 11 4 v i t o l p Sy ()P t •Ail 1 , or kt 0 4 , tte Igoritt4t, I h 1 14. t . ',hi p, x ‘ . l . , () t• '4 4 C ' l ) . ‘ (I °4l 1 . 1 t b i t t( 1 14 ,1,1 11 1 4 1 Y Von aP ttht y ~th ( I t rih"t Ai 11 A' C ki tt te r l the 1 4 4. lbei